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Copy of People v. Olivo
Transcript of Copy of People v. Olivo
are STILL inside the store
in a crouching position,
hiding wrenches in his clothing
People v. Olivo
Points of View
a person be convicted of
Olivo was tried and convicted of petit larceny in the District Court of New York
Olivo was seen
Interpretations and Inferences
Actus Reus/ Criminal Act
Mens Rea/Criminal Intent
Possession of Property
Larceny under common law will now be more defined and easier to convict and/ or defend.
People V. Olivo will be another brick added to the foundations of the common law, and will be used to further decide similar cases.
Consumer's rights of dominion over products in stores will be made more clearly as to avoid confusion and to protect against larceny.
In order to sustain a conviction,
a customer must exercise dominion and control wholly inconsistent with the continued rights of the owner, and when there are other elements of crime present, larceny has occurred.
"I ain't stealing..."
Two Main Elements of
Mens Rea: evil intention
People V. Gasparik
was found in department store trying on a leather jacket suspiciously
took tags,alarm device off
passed through several cash registers
stopped by security before reaching exit
at trial denied removing price tag and testified looking for a cash register
People V. Spatzier
defendant came in store carrying a case
was watched removing a book from a shelf in suspicious matter
placed book in case and continued to browse
owner accused him of stealing
Spatzier denied, hiding the book in his case
May a person be convicted of larceny for shoplifting if the person is caught with the goods while still inside the store?
Larceny Defined by
As a trespassory taking and carrying away of the
property of another's
with the intent to steal it.
Emphasis of Trespassory taking.
Concept of Possession is introduced and to be known as different then having custody of.
Reach of Larceny Expanded
became less significant
"Larceny by trick"
Crime of Larceny Shifted
Protecting society's peace
Modern Penal Statutes
and Case Law
Intent element became of increasing importance
General protection of property rights
Covert or unusual behavior
Customer being near or moving towards store exit
Lying about having possession of an item
intent and taking
Did not make it to the U.S. Supreme Court
Stayed in Court of Appeals
conversing with another person
looking around suspiciously
upon this person's departure
en route to exit,
he passed all registers
stopped by security
denied having possession of wrenches
Appealed conviction with
New York Court of Appeals
in January, 1981
--- If the customer exercises dominion and control entirely inconsistent with the rights of the owner and other elements of crime are present.
Larceny Defined by
inconsistent with owners rights; Due process clause
interpreted as trying to steal
regard it as stealing
He should have been charged with
"He is a thief!"
People v. Olivo
Now focus on the actor's intent and the exercise of dominion and control over the property.
Ancient Common-law concepts no longer strictly apply
evidence of debt,
substance or thing of value
Trespassory taking of property
Intent is clearly presented
Many states consider the act of concealing merchandise to be evidence of intent.
Take actions to avoid paying the full purchase price.
e.g. altering price tags, manipulating merchandise, etc.
The crime is
---permanently deprive someone else of their property
"An act does not make a person guilty unless (their) mind is also guilty." ---Edward Coke
Actus Reus: evil act
sorting out the
Since People v. Olivo:
New York Penal Law
A person steals property and commits larceny when
he wrongfully takes, obtains or withholds such property
from an owner
with intent to deprive another of property or to appropriate the same to himself or to a third person
Common law larceny by trick,
Obtaining property by false pretenses